IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE MEDIA DIGITAL CORPORATION, VS. Plaintiff, ASUS COMP1TIER INTERNATIONAL, INC., DELL INC., HTC AMERICA, INC., and P Al'ITECH WIRELESS, INC., Defendants, Civil Action No. WRY TRIAL DEMANDED COMPLAINT Plaintiff Media Digital Corporation ("Media Digital") brings this action against Defendants Asus Computer International, Inc. (HAsliS"), Dell Inc. ("Dell"), HIC America, Inc. ("HTC"), and Pantech Wireless, Inc. ("Pantech") (herein, collectively, "Defendants") and for its cause of action alleges: THEPARTms 1. Media Digital is a corporation organized and existing under the laws of the State of New Hampshire, with its principal place of business at 7 Warren Avenue, Salem, New. Hampshire, 03079-1633. 2. Asus, on information and belief, is a corporation organized and existing under the laws of the State of California, with its principal place of business at 800 Corporate Way, Fremont, California 94539. Asus may be served with process by serving its Chief Executive Officer, Ivan Hoe, at 800 Corporate Way, Fremont, California 94539. 3. Dell, on information and belief, is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at One Dell Way, Austin, I
Texas 78682. Dell may be served with process by serving its registered agent, Lawyers Incorporating Service, at 14 Centre Street, Concord, New Hampshire 03301-6302. 4. HTC, on information and belief, is a corporation organized and existing under the laws of the State of Washington, with its principal plaee of business at 13920 SE Eastgate Way Suite 400, Bellevue, Washington 98005. litc may be served with process by serving its President, Fred Liu, 13920 SE Eastgate Way Suite 400, Bellevue, Washington 98005. 5. Pantech, on information and belief, is a corporation organized and existing under the la\\'s of the State of Georgia, with its principal place of business at 5607 Glenridge Drive NE Suite 500, Atlanta, Georgia 30342. Pantech may be served with process by serving its President, Sung-Kyu Lee, at 5607 Glenridge Drive NE Suite 500, Atlanta, Georgia 30342. THE PATENT 6. On August 8, 2000, United States Patent No. 6,101,324 (the "'324 patent") entitled "Computer Touch Screen Radio Station Control System" was duly and legally issued. A true and correct copy of the '324 patent is attached as Exhibit A The '324 patent relates generally to touch screen control of multimedia systems that play audio or video programs. The system allows touch screen control of a schedule log to arrange and edit a schedule of audio or vidco events for playback. 7. Pursuant to 35 U.S.C. 282, the '324 patent is presumed valid. 8. By assigmnent, Plaintiff is the owner of the '324 patent and at all relevant times has had the right to enforce the '324 patent. 2
JURISDICTION Al'I1> VENUE 9. 1ms action arises under the patent lavis of the United States, Title 35 of the United States Code, particularly 271 and 281. 1ms Court has jurisdiction over the claim for patent infringement under 28 U.S.c. 1338(a). 10. Venue is proper in this Court under 28 U.S.c. 1391(b) and (c) and 1400{b). 11. Asus, upon information and belief, transacts business in this district by making, andlor conducting other business in this judicial district sufficient to render it subject to jurisdiction in this district. 12. Dell, upon information and belief, transacts business in this district by making, andlor conducting other business in this judicial district sufficient to render it subject to jurisdiction in this district. 13. HTC, upon information and belief, transacts business in tbis district by making, andlor conducting other business in tbis judicial district sufficient to render it subject to jurisdiction in tbis district. 14. Pantech, upon information and belief, transacts business in this district by rnaking, andlor conducting other business in tbis judicial district sufficient to render it subject to jurisdiction in this district. 3
CLAIM FOR PATENT INFRINGEMENT 15. On information and belief, Asus makes, uses, sells, and/or offers to sell touchscreen controlled tablets that include a media player and the ability to update a playlist of music, including but not limited to the Eee Slate EP121 tablet, that infringe at least claim 1 of the '324 patent; and/or induces andlor contributes to the infringement of at least claim 1 of the '324 patent by others. 16. On information and beliet: Dell makes, uses, sells, and/or offers to sell touchscreen controlled tablets and smartphones that include a media player and the ability to update a playlist of music, including but not limited to the Streak 5, Streak 7, Lattitude XT2, and lnspiron Duo tablets as well as the Venue and Venue Pro mobile phones, that infringe at least claim 1 of the '324 patent; and/or induces and/or contributes to the infringement of at least claim 1 of the '324 patent by others. 17. On information and belief, HTC makes, uses, sells, and/or offers to sell touchscreen controlled smartphones that include a media player and the ability to update a playlist of music, including but not limited to the Freestyle, Thunderbolt, Inspire, WildfIre, HD7, Surround, my TOllch 30, mytouch 40, Evo 40, Droid Incredible, Aria, Desire, HD2, Hero, Touch Cruise, 01,02, Arrive, Evo Shift 40, Tilt 2, Touch Pr02 mobile phones, that infringe at least claim 1 of the '324 patent; andlor induces andlor contributes to the infringcment of at least claim 1 of the '324 patent by others. 18. On information and belief, Pantech makes, uses, sells, andlor offers to sell touchscreen controlled smartphones that include a media player and the ability to update a play list of music, including but not limited to the Ease, Jest, Laser and Pursuit mobile phones, that infringe 4
at least claim 1 of the '324 patent; and/or induces and/or contributes to the infringement of at least claim 1 of the '324 patent by others. 19. By making, using, selling and offering to sell the aforementioned systems, Defendants have been and continue to infringe the '324 patent 20. The infringement of the '324 patent alleged above has injured Media Digital and thus, it is entitled to recover damages adequate to compensate for Defendants' infringement, which in no event can be less than a reasonable royalty. DEMAND FOR JURY TRIAL Media Digital demands a jury trial on all claims and issues so triable. PRAYER FOR RELIEF WHEREFORE, Media Digital prays for entry of judgment: A. That Defendants, Asus, Dell, HTC, and Pantech, have infringed one or more claims ofthc '324 patent; B. That Defendants, Asus, Dell, HTC, and Pantech, account for and pay to Media Digital all damages caused by the infringement of the '324 patent, which by statute can be no less than a reasonable royalty; C. That Media Digital be granted pre-judgment and post-judgment interest on the damages caused to it by Defendants' infringement of the '324 patent; D. That Media Digital be granted its attorneys' fees in this action; E. That costs be awarded to Media Digital; F. That Media Digital be granted such other and further relief that is jubt and proper under the circumstances. 5
Respectfully submitted, DATED: September 12, 2011 /s/ David K. Pinsonneault David K. Pinsonneault, Esquire #2033 WINER & BENNETT, LLP 111 Concord Street, P.O. Box 488 Nashua, NH 03061 (603) 882-5157 Fax: (603) 882-2694 OF COUNSEL: /s/ Jonathan T. Suder Texas Bar No. 19463350 Corby R. Vowell Texas Bar No. 24031621 FRIEDMAN, SUDER & COOKE, P.C. Tindall Square Warehouse No.1 604 East 4th Street, Suite 200 Fort Worth, Texas 76102 (817) 334-0400 Fax: (817) 334-0401 its@fsclaw.com vowell@fsclaw.com Edward W. Goldstein Texas Bar. No. 08099500 GOLDSTEIN & LIPSKI, PLLC 1177 West Loop South, Suite 400 Houston, Texas 77027 (713) 877-1515 Fax: (713) 877-1737 egoldstein@gliplaw.com 6